Legal Opinion
Simson Bros. v. Blancard & Co.
Court of Appeals for the Second Circuit
Decided November 5, 1927No. 143PublishedCited by 31 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
We have often said that an injunction pendente lite in a patent suit should not go except when the patent is beyond question valid and infringed. Newhall v. McCabe, etc., Co., 125 F. 919; Hildreth v. Norton, 159 F. 428; Cutter Co. v. Metropolitan Co., 275 F. 158; A. B. Dick Co. v. Barnett, 277 F. 423. The ease at bar is far from being such. Felger’s ring, if adequately proved, would be a complete anticipation. That appearing in the Boston Jewelry Manufacturing Company’s catalogue and Belais’ are anticipations, when viewed in plane. It would take much proof to satisfy us…
2Cases cited4 opinions
- George Cutter Co. v. Metropolitan Electric Mfg. Co.Court of Appeals for the Second Circuit · 1921
- A. B. Dick Co. v. BarnettCourt of Appeals for the Second Circuit · 1921
- Newhall v. McCabe Hanger Mfg. Co.Court of Appeals for the Second Circuit · 1903
- Hildreth v. NortonCourt of Appeals for the Second Circuit · 1908
3Cited by31 opinions
- Bose Corporation v. Linear Design Labs, Inc.Court of Appeals for the Second Circuit · 1972
- Carter-Wallace, Inc. v. Davis-Edwards Pharmacal Corp.Court of Appeals for the Second Circuit · 1971
- Carter-Wallace, Inc. v. William N. Otte, as Trustee in Bankruptcy of Davis-Edwards Pharmacal Corp.Court of Appeals for the Second Circuit · 1973
- Mayview Corp. v. RodsteinCourt of Appeals for the Ninth Circuit · 1973
- Jenn-Air Corporation v. Modern Maid CompanyDistrict Court, D. Delaware · 1980
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